Israel Update & Flawed Justice (with Dan Senor and Adam Benforado)
Oct 19, 2023
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Former foreign policy advisor to President George W. Bush, Dan Senor, discusses the Israel-Gaza war. Drexel University Law Professor Adam Benforado talks about false memories, biases in police lineups, and lowering the voting age. They also delve into flaws in the legal education system, flawed eyewitness identification, investing in children, and the healing power of comedy.
President Biden's strong support for Israel during the Israel-Hamas war is crucial for Israel and the forces of civilization, but concerns remain about the longevity of this support.
Understanding human behavior and the role of cognitive psychology in the criminal justice system is vital for lawyers to navigate ethical dilemmas and ensure fair outcomes in legal cases.
Addressing the flaws in the bar exam system and prioritizing access to justice for those in need is essential to overcome barriers and provide legal assistance to vulnerable individuals.
Deep dives
The Israel-Hamas War and US Support
The podcast episode discusses the Israel-Hamas war and the United States' support for Israel. It highlights President Biden's initial actions and statements, which were seen as crucial for Israel and the forces of civilization. President Biden compared Hamas to ISIS and the Nazis, signaling strong support for Israel's actions. However, there are concerns about how long this support will last. The episode explores the complexities and implications of the war for Israel, the US, and the world order.
Cognitive Psychology and Criminal Justice
The podcast episode features a conversation with author and Drexel University Professor of Law, Adam Benforado, about cognitive psychology and its role in the criminal justice system. The discussion touches on false memories, biases in police lineups, and the importance of understanding human behavior in the legal process. It emphasizes the need for lawyers to consider the truth about what drives the legal system and the ethical dilemmas they may face.
The Role of Memory and Perspective in Legal Cases
The podcast episode explores the role of memory and perspective in the legal system. It discusses the dangers of relying on eyewitness identifications, highlighting the potential for biases and false confessions. The episode also delves into the influence of camera perspective bias in videos and the need to consider multiple perspectives in interpreting evidence. It highlights the importance of using evidence-based practices, such as the cognitive interview, and promoting fair treatment of witnesses and suspects in order to ensure accurate outcomes in legal cases.
The importance of understanding real human beings in the legal profession
Memorizing legal rules is easy compared to understanding real human beings, which is the hardest part of being a lawyer. Exercising judgment and helping people are key aspects of the legal profession. The bar exam can create a lack of access to justice, preventing many individuals from getting the legal assistance they need. There is a need to address the problems with the bar system and prioritize helping those who are facing eviction or relying on public defenders.
The role of psychology in law and the need for its inclusion in legal education
Negotiation and transactional law are areas in which psychology is explicitly acknowledged in legal education. These fields draw on behavioral evidence and insights from psychology, which can contribute to better understanding human behavior and decision-making. Integrating psychology into the curriculum of law schools would be beneficial, with a focus on providing insights from psychology in all courses, offering targeted courses on the latest research in psychology and neuroscience, and combining this knowledge with a consideration of ethical issues that arise in legal practice.
This week, Stay Tuned departs from its original format. In lieu of listener questions, Preet first talks with Dan Senor, author and former foreign policy advisor to President George W. Bush, about the Israel-Gaza war. Then, Preet interviews Drexel University Law Professor Adam Benforado about his two books, Unfair: The New Science of Criminal Justice and this year’s A Minor Revolution: How Prioritizing Kids Protects Us All. They discuss false memories, combatting biases in police lineups, and the prospect of lowering the voting age.
Don’t miss the Insider bonus, where Preet and Benforado discuss how to address juror biases. To listen, become a member of CAFE Insider for $1 for the first month. Head to cafe.com/insider.
Have a question for Preet? Ask @PreetBharara on Threads, or Twitter with the hashtag #AskPreet. Email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.
Stay Tuned with Preet is brought to you by CAFE and the Vox Media Podcast Network.